FMLA compliance checklist

The following checklist is designed to help employers construct a family and medical leave policy and analyze requests for family leave. Ask yourself the following questions:

• Are you an employer that is covered by the FMLA?
• Have you met the posting and recordkeeping requirements?
• Do you have any employees eligible for family and medical leave?
• Have you followed all procedural requirements of leave requests?

Then examine the individual request and make sure that:

• the employee is eligible
• the employee wants leave that is governed by the FMLA
• you know the amount of leave time available
• the financial arrangement are made whether leave is paid or unpaid
• any benefits that should be provided will be provided during leave
• the employee has paid any premiums that are due
• you have made the appropriate job assignment after leave
• you applied more protective state laws, when appropriate.

Under both federal and state laws, the following are the most common issues that are addressed by courts:

• refusal to grant leave
• failure to restore employees to their jobs
• discrimination
• failure to maintain health benefits
• failure to return employees to an equivalent job.